Texas considers making prosecutors responsible for wrongful convictions if evidence was withheld

Austin Statesman has the news.  (h/t: Instapundit)  (Some background on the Michael Morton case here.) Key graf:

[Michael] Morton’s testimony last week before the Texas Senate helped steer Senate Bill 825, prompted by his case, over a crucial hurdle. The bill aims to hold prosecutors accountable if they hide or suppress evidence from defendants. Morton’s lawyers claim prosecutors failed to turn over key evidence supporting Morton’s claim of innocence. Clearly, current laws are too lenient in punishing such practices, which not only are unethical, but illegal. The Legislature should pass the bill.

Comments

[Stephen Gillers]

DUH! They already are accountable -- it theory. If the courts did their jobs, reckless, intentional, even grossly negligent Brady failures would result in discipline. What else does the bill do? Create personal liability by withholding immunity? Since prosecutors don't have much money, and jurors will be inclined to forgive all but brazen transgressions, where is the incentive to sue?